Transcript Title

Models for Professionalisation
of Municipal Administrators
Phindile Ntliziywana
Conference on Local Government Law
19-20 November 2012
Port Elizabeth
Models of professionalisation
1.
2.
3.
4.
5.
6.
Non-statutory Association model
Statutory Association model
Generic Qualification model
Short-term delegation model
Performance Management model
Standard setting model
1. Non-statutory Association
model
(i) Institute of Municipal Treasurers and
Accountants (IMTA)
A
professional body for municipal finance
officials -formed in 1929
 to enhance the technical ability of
municipal finance officials in South Africa
 NB
Membership voluntary – not a formal
requirement for recruitment into office
 Registered
under section 21 of the
Company’s Act as a
non-profit organisation
Curriculum
I.
II.
III.


1929 Curriculum: Diploma curriculum
1972 Curriculum: partial graduate
status
1980 Curriculum: full graduate status
First 54 yrs  exclusively catering for
whites
Black local authorities - 1982
(ii) Institute of Town Clerks
of Southern Africa (1946)
 Aim:
promote and improve the
technical and professional knowledge
of town clerks
 curriculum consisted of courses taken
at any University for degree or nondegree purposes + Admission Exams
 Exemption
 Membership exclusively reserved for
whites
2. Statutory Association
model
The Profession of Town Clerks Act and
Municipal Accountants Acts of 1988 – statutory
public recognition to IMTA and Institute of
Town Clerks
 Curriculum still designed by the Institutes
 Membership - A legal requirement
 Appointment outside the Institutions, null and
void.
 Unregistered person prohibited from
performing municipal accountants functions –
criminal offence

3. Generic Qualification
model



Profession of Town Clerk & Municipal Accountants
Acts - repealed in 1996 and 2003
 Retaining them would perpetuated black exclusion
South African Qualification Authorities Act, 1995
 Single national ministry of education & training,
along with a National South African Qualifications
Authority
 memorandum on the objects of the Profession of
Town Clerks Act, Repeal Bill
Skills Development Act, 1998
 SETAs in every sector
 Local Government: LGSETA
 Skills
Development Levies Act-1999
4. Short-term deployment
model
 Initial
response
 Quick fix model (National Development
Plan)
Project Consolidate (DPLG 2004)- deploy
technical expert to selected municipalities
 Siyenza Manje (DBSA 2005)- recruits qualified
retired experts and skilled consultants (with
young graduates) to help with infrastructure,
planning and capacity building
 Municipal Finance Management Support
Programme (NT)- enhancing key financial
management capacity

5. Performance Management
Model
Performance
Management Regulations
(2006)
Focus on outcomes rather than inputs
Subjects employment – signing of
performance agreement
Aim:
 Measuring
and evaluating performance
Performance bonus
 Correction
in the case of substandard
performance
6. Standard Setting Model
 National
Treasury’s competency
regulations (2007)
 standard
setting without external
enforcement
 Systems
Amendment Act (2011)
 standard
setting with external
enforcement
Treasury Regulations
Prescribes minimum competencies of
MMs, CFOs, senior managers and other
financial officers (including supply
chain management officials)
 Comprises qualifications, experience,
core competencies and competencies
in unit standards
 Uniform, except wrt financial officers
 differentiates according to budget
size

Key provisions

Reg 13:


Reg 14:


municipal manager to monitor compliance and to take any
necessary step to ensure compliance by 1 January 2013.
Reg 15 and 18(2):


Municipal manager must ensure the assessment of
competencies - to identify competency gaps
make the continued employment and the conditions of
employment conditional on attainment of requisite
competencies.
Reg 16:

attainment of the prescribed competency must be
included in their performance agreement.
Key provs....
Regulation 17:
 enjoins the municipalities to assist
their officials to attain the
competency levels.
 Reg 18(1):
 with effect from 1 January 2013, no
municipality may employ officials
not meeting the competency levels.

Current picture (MDB 2011)
Years of relevant experience
-Municipal Managers-
Relevant experience- CFO’s
Technical services managers
Consequences of not meeting
requirements
DATE OF APPOINTMENT
CONSEQUENCES
before 31 Dec 2012 ok, as long as you comply
on or before 31 Dec 2012
after 31 Dec 2012
appointment = unlawful
• legal uncertainty with respect to actual legal
situation after 31 Dec 2012
– Minister of finance – issued a warning (dismissal), but
how does it really work?
– Financial and Fiscal Commission – recommended
urgent and rigorous enforcement of the Regulations
– Circular 60 – ‘continued employability impacted
Consequences....

Does the contract lapse automatically?





If contractually bound???????
Should there be a process that trigger regulations?
Are municipality compelled to dismiss/demote
managers who didn’t make it?
no specific provisions dealing with external
enforcement
 Non-compliance with financial management
responsibilities, powers and duties – ‘financial
misconduct’
What is clear is that this uncertainty could backfire
and undermine the intentions of the Regulations


Officials are exposed to different interpretations
Their failure can be used against them by politicians
Municipal Systems Act: standard
setting + enforcement
Focus: MMs and senior managers
 Regulates recruitment process
 Minimum competencies will be
prescribed by CoGTA
 Appointment is invalid if:

 competencies
not adhered to
 recruitment process not adhered to
External supervision/support

No suitable candidate? ask MEC to
second
 If

MEC fails  ask the Minister
Municipality reports to MEC on each
appointment
 MEC

passes report on to Minister
Violation of the Act?  MEC must take
appropriate steps (e.g. court action)
 If
MEC fails (wrt MM)  Minister may
Ethics






MM/senior manager may not be political officebearer
Focus of rules on ethics: all staff
Staff member dismissed for misconduct?
 prescribed moratorium on re-employment
elsewhere
Staff member dismissed for financial misconduct?
 10 yr moratorium
External supervision: all ‘disciplinaries’ must be
reported to MEC who forwards to the Minister
Minister maintains central database
of delinquents
Models of professionalisation
1.
2.
3.
4.
5.
6.
Non-statutory Association
Statutory Association
Generic Qualification
Short-term delegation
Performance Management
Standard setting (with/without
external enforcement)
Thank You
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